Dunn, Robinson v City of Chicago
Chicago Detainees' Lawsuit Gets Class Action Status
A federal judge granted class action status for a lawsuit two Chicago men filed against the City of Chicago for alleged mistreatment while in police custody, a ruling that could involve thousands of people.
The ruling by Judge Robert Gettleman in U.S. District Court did not decide if the men's claims were true, but it createed two groups of people under the lawsuit. One group involves people detained during a certain period and other group involves the conditions in which detainees were held, which could greatly increase the number of plaintiffs.
The first such claimant group can contain anyone held in a Chicago Police Department lock-up or detective division facility for the eight-hour period between 10 p.m. and 6 a.m. from Oct. 12, 2002, and Oct. 5, 2005. The first portion of the suit, brought in the name of Thomas Dunn, alleges that people held overnight were not provided with a mattress or bedding. Dunn claims that he spent three nights in a Police Department cell beginning July 29, 2003 and was not given sheets, blankets or pillows.
Attorney for Mr. Dunn said this group alone could potentially contain thousands of people.
The second group can consist of people who were arrested on suspicion of a felony without an arrest warrant and who were then detained by the police for more than 48 hours without a judicial probable-cause hearing. The incident must have occurred between Aug. 15, 1999, and Oct. 5, 2005.
The plaintiffs allege that holding them for so long violates their constitutional rights against unlawful detention.
Mr. Robinson alleges that after he was arrested in October 2000, he was chained to the wall of an interrogation room, where he was held for three days. He was later acquitted of all charges.
Judge Gettleman denied creating a proposed third group of people held for more than 16-hours in interrogation rooms, saying that Robinson did not meet the two-year statute of limitations for such a class.
